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Cases David Mumford

Baljit Singh Bhandal v Irish Nationwide Building Society (2011)

Judgment Date: 18 Jul 2011

An amendment to a claim to alter the capacity of the claimant claimed from a personal one to a representative or derivative one was permitted, as the new representative claim arose out of the same or substantially the same facts as the existing claim.

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Members
David Mumford QC

Practice areas
Real Estate

Mira Makar v Pricewaterhousecoopers LLP (2011)

Judgment Date: 15 Jul 2011

A claim for damages for breach of duty of care brought by a director against a company's auditors was struck out where the director had failed to indicate any special circumstances or a special relationship which would give rise to a duty of care.

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Munib Masri v Consolidated Contractors International Co SAL & 6 Ors (2011)

Judgment Date: 13 Jul 2011

Proceedings in England and Greece did not involve the same cause of action for the purposes of Regulation 44/2001 art.27 but they were related proceedings giving rise to a risk of irreconcilable judgments within art.28 and the proper course was to stay the English action.

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Berezovsky v Hine & Ors (2011)

Judgment Date: 07 Jul 2011

The court granted an order striking out a new statement of case lodged on behalf of the claimant in Commercial Court proceedings.

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Jenington International INC & Ors v Kanat Shaikhanovish Assaubayev & 6 Ors (2010)

Judgment Date: 14 Sep 2010

An order for limited cross-examination as to assets disclosed following the making of a worldwide freezing order was warranted where there were significant and serious issues that justified further explanation, in circumstances where the defendants had not provided consistently accurate information, and one of whom had left the jurisdiction.

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Boris Berezovsky v Roman Abramovich : Boris Berezovsky v Hine & Ors (2010)

Judgment Date: 30 Jul 2010

Where issues raised common questions of fact in two sets of related proceedings in the Commercial Court and the Chancery Division, it was appropriate to try those issues once in the Commercial Court proceedings. That would achieve a significant saving of costs and court time and would remove the risk of inconsistent decisions.

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Cinnamon European Structured Credit Master Fund v Banco Commercial Portugues SA (2009)

Judgment Date: 18 Dec 2009

A holder of certain loan notes backed by a securitised mortgage portfolio was entitled to pursue a claim in the English courts against the mortgage servicing agent that was domiciled in Portugal, as the claim was subject to an agreement conferring jurisdiction on the English courts and was within the scope of the Regulation 44/2001 art.23.

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Cinnamon European Structured Credit Master Fund v Banco Commercial Portugues SA (2009)

Judgment Date: 18 Dec 2009

A holder of certain loan notes backed by a securitised mortgage portfolio was entitled to pursue a claim in the English courts against the mortgage servicing agent that was domiciled in Portugal, as the claim was subject to an agreement conferring jurisdiction on the English courts and was within the scope of the Regulation 44/2001 art.23.

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Colour Quest v Total Downstream [2009]

Judgment Date: 20 Mar 2009

As a matter of fact companies in the Total group had control of tank filling operations at the part of the Buncefield oil storage depot where an explosion occurred and were vicariously liable for the careless tank filling activities of their employees. One of the causes of the explosion was the failure to promulgate an adequate system to prevent overfilling of a tank.

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Gregson v HAE Trustees Ltd (2008)

Judgment Date: 08 May 2008

The claims that a trust company had against its directors for various breaches of duty could not, in the circumstances, be transposed to the beneficiary under that trust to pursue in her own right so her claim was struck out.

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Finlan v Eyton Morris Winfield (a firm) (2007)

Judgment Date: 23 Apr 2007

Although the terms of an assignment had been agreed, there had been no equitable assignment prior to the completion of a deed of assignment since the assignor had not given an outward expression of its intention to make an immediate disposition of the subject matter of the assignment.

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Training In Compliance Ltd V Christopher Dewse (T/A Data Research Co) (2004)

Judgment Date: 20 Dec 2005

A counterclaim alleging breach of contract failed where the counterclaimant knew of and approved the conduct on which the counterclaim was based.

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Members
David Mumford QC

Practice areas
Commercial Disputes

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